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31 January, 2008 at 12:46 pm #9156
Mother to fight bid to take baby
The baby was taken as part of a “birth plan”
A teenage mother from Nottingham who was reunited with her newborn baby by a judge will face a social services application to take the boy away again.
The baby was born to the 18-year-old, who has just left local authority care, in a hospital early on Wednesday.A High Court judge ruled the boy was taken without a court order.
Solicitor Stuart Luke said the mother, who has mental health problems, would oppose any move to take the newborn boy away from her.
Social services will apply for an interim care order to magistrates sitting at a Family Court in Nottingham to remove the child from the mother’s care.
The boy was returned to his mother – who was taken into care after running away from home and starting to take drugs – about nine hours after being taken by social services staff.
Mother and child were reunited 46 minutes after Mr Justice Munby’s order
Stuart Luke, mother’s solicitor
Mr Luke said she was also launching a claim for damages against the social services officials “arising out of the unfortunate removal of her child without lawful authority shortly after his birth”.
The baby was taken after staff at the hospital were shown a “birth plan” that was prepared by social workers.
The plan said the mother, who had a troubled childhood and suffers from mental health problems, was to be separated from the child, and no contact would be allowed without supervision by social workers.
At the High Court, sitting in London, Mr Justice Munby said that “on the face of it” social services officials in Nottinghamshire had acted unlawfully because they had not obtained a court order.
He said removal of a child could only be lawful if a police constable was taking action to protect a child, or there was a court order in place.
Mr Luke, from the firm Bhatia Best, said: “Mother and child were reunited 46 minutes after Mr Justice Munby’s order at 1209.”
‘Intervention powers’
John Coughlan from the Association of Directors of Children’s Services, said the legal process was very clear.
“Every step of that process has got a very thorough series of checks and balances including independent representation across the piece for family, children and the local authorities, and very, very thorough court and judicial intervention powers,” he said.
The judge said Nottingham City Council’s social services must put in place a package of care to meet the mother’s immediate needs as a vulnerable person.
He also said the council must prepare a comprehensive amended “pathway plan” setting out proposals to assist her in the future by no later than 8 February.
I tried to find more on this this morning and I can’t. It does seem that Nottinghamshire social services did their work on this one, only thing they didn’t do was to obtain a court order and have an officer present.
She couldn’t have not known, the mother that is, as a plan it seems had been put into place that no contact would be allowed without supervised social workers in attendance.
Mental health problems, running away and drug taking. :roll: I wonder whats going to happen to the child in question if social services lose their case now and she retains full custody of the child. If anything happens to him are the usual army of do-gooders going to fall out of the woodwork and say they didn’t do their jobs correctly, should have done more, etc etc etc…….seems in some cases they can’t do right for doing wrong :roll:
31 January, 2008 at 2:48 pm #308051the history of this mother is obviously well known to social services. and i oubt hey would remove a child of any age ithout having an air tight case. they have to get it right nowadays. because of all the times they got it so wrong. i have worked in mental health care and i would defend social services in this case. but each case is different, there should be a cut off. or a start line, because as ever, some will be caught in between.
31 January, 2008 at 4:42 pm #308052once again social services screw up. :roll:
31 January, 2008 at 7:19 pm #308053I cannot believe SS would have done this without either an interim care order, or emergency protection order in place, its text book stuff.
Someone’s head is gonna roll for this, what an avoidable error and Im afraid the judge has no choice other than to hand the child back at this stage until SS get there act together. :roll:
31 January, 2008 at 7:46 pm #308054The solicitors involved and the judge did well, and I don’t often think that.
The social services regularly take the law into their own hands, and remove babies. It is a good thing that this has been highlighted. The mother is obviously vulnerable and needs care, and so does her child. The social services should have been looking after them both, not trying to get a baby away from its mother, probably so that it can be adopted.
This has just highlighted a problem that has been going on for a while.
1 February, 2008 at 12:05 pm #308055i doubt any heads will roll.. social services are well versed in arrrrse covering. they do full courses in how to pass the buck and hide the reason.
i feel for the baby in this situation, its obvious the mother loves the child. but should she be allowed to ? given her past , i would say no but im no expert, its a shame she cant be given a safe house within a family where she can look after her baby whilst being helped by caring people who can help her ? mabey im just a softie but its sad innit.. -
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